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Do You Need a Lawyer?

When it comes to nonprofit advocacy—and especially lobbying—it can be helpful to have your questions answered by an in-house counsel or a friendly attorney. But how you conduct that conversation matters.

Lawyers are charged with protecting the organization and they tend to give conservative answers; that’s because they are mitigating risk, and they want to ensure the nonprofit doesn’t accidentally or inadvertently make a compliance error. While there are many experienced nonprofit attorneys who understand the world of advocacy well, there are also those who don’t—and some may take the safe route and advise against conducting advocacy or lobbying at a 501(c)(3).

While that is certainly understandable, it is cold comfort if a bill that runs counter to your mission is headed to the floor and you are wondering what you can and cannot do. To avoid that situation, here are some ideas.

  • Start With What You Can Do. Rather than beginning a conversation with what you cannot do, start by discussing what is possible. This starts things on a positive note and provides legal tactics up front. You will have to discuss prohibitions and limitations, but you don’t have to start there.
  • Talk in Advance. Don’t wait until a bill is on the floor to get your questions answered. Be proactive and talk to the lawyers before there’s a crisis. This allows you to have a stress-free conversation and follow up if needed because there is no looming deadline.
  • Write Some Policy. Some organizations write a policy to codify how their nonprofit approaches lobbying and advocacy; who owns the process, what offices they prioritize, how they track and manage the conversations, etc. Sometimes these documents also spell out the procedures, approvals and monitoring required. Having a policy document that is reviewed by an experienced nonprofit lawyer can make advocacy work smoother and more consistent, especially when personnel changes occur. 

When Your Nonprofit Doesn’t Have a Lawyer  - or the Resources to Hire One

Most nonprofits do not have in-house counsel or access to an attorney. If that is the situation at your organization, there are some things you can do to ensure you stay on the right side of the law:

  • Read the IRS Publications. The IRS publishes a great deal of material, some of which covers politics, lobbying and advocacy. Start with the 501(c)(3) Compliance Guide, which has chapters on political and legislative activity. The IRS also offers a free 10-course video workshop that covers many different issues, including an entire chapter on the ban on political campaign intervention.
  • Get Help From a Nonprofit Group. There are many organizations that exist to help nonprofits. For example, the National Council of Nonprofits provides tools, research and resources. Many states also have an association dedicated to helping nonprofits. If you have basic questions, this may be a good way to get answers. The questions you have are likely to have come up before.
  • Find a Friendly Attorney. Perhaps you have a volunteer who is a lawyer and can answer questions, do research or at least refer you to someone who understands nonprofits. Or maybe you can convince a local nonprofit lawyer to answer basic questions pro bono.  Nonprofit associations also have referrals for local attorneys. 
  • Emulate Similar Organizations. Another way to get answers is to look at a 501(c)(3) nonprofit similar to yours, study their advocacy program and then talk to them. That may provide some basic answers. At a minimum, you know they are confident enough to be carrying out their program. Other organizations in your mission area are motivated to help you! Try posting in Resilia Community. 
  • Take Your Questions to the Source: Still have questions? The IRS Tax Exempt and Government Entities Customer Account Services may be helpful. The office can be reached at 877-829-5500.

 

Module 1

What's Included:

Video Course(s): 1

Article(s): 2

Download(s): 2

Module 1

About Module 1

[Course] Introduction to Nonprofit Advocacy ➡️
Learn about the basics of nonprofit advocacy.

[Article] Do You Need a Lawyer? ➡️ 
This article guides you though questions to determine when your organization should consult legal advice.

[Article] The Case for an Advocacy Program ➡️
This article explains the reasons to begin an advocacy program.

[Downloads] Module 1 Assets ➡️
Templates and downloads to support the Module 1 learnings.

[Events] RSVP to Coaching ➡️
Connect with expert leaders and fellow nonprofits getting involved in advocacy.